Res. 04-11

ANC 3F RESOLUTION

FORMAL CASE NO 712, IN THE MATTER OF THE INVESTIGATION INTO THE PUBLIC SERVICE COMMISSION’S RULES OF PRACTICE AND PROCEDURE

Advisory Neighborhood Commission 3F

North Cleveland Park, Forest Hills, Tenleytown

4401-A Connecticut Avenue, N.W., #244

Washington, D.C. 20008-2322

Whereas, the Public Service Commission of the District of Columbia (Commission”) gave notice in the District of Columbia Register, January 16, 2004, of its intent to amend Section 609.7 in Chapter 6, “Pay Telephones,” of Title 15 of the District of Columbia Municipal Regulations, and

Whereas, the Commission shall act on this proposed amendment in not less than 45 days from the date of publication of this Notice of Proposed Rulemaking in the D.C. Register, and

Whereas, Section 609 requires Pay Telephone Service Providers (“PSPs”) to comply with specific operational requirements with respect to the provision of pay telephone services, and

Whereas, Section 609.7 currently reads “PSPs shall adequately maintain their pay telephones at all times, “ and that through this rulemaking amendment, the Commission proposes to add specific language in a new section 609.7 (a) and (b) imposing a duty on PSPs to use all reasonable means to keep their pay telephones graffiti-free, and to maintain them in a clean and sanitary condition and “to take all reasonable measures necessary to keep their pay telephone instruments and housing clean and presentable for public use, absent of any debris, unsanitary substances or defacement, including graffiti, unlawful writings, markings, gougings, and scratchings, and PSPs shall remediate any noncompliance respecting this section according to the requirements outlined in Section 609.9, infra and

Whereas, ANC 3F has learned from a PSP that companies have approached them about renting the telephone casement of the public payphone for the purposes of advertising, and

Whereas, ANC 3F has already experienced a case of a PSP renting the telephone casement and placing a yellow banner advertising beer at the public payphone at 4339 Connecticut Avenue without permission from the owner of the establishment (see attached photograph),

Therefore, ANC 3F supports the Public Service Commission proposed amendment to Section 609.7, and

Further, ANC 3F respectfully requests that the Public Service Commission specifically add language preventing the renting or providing free of charge the telephone casements, pedestal, or any other portion of the phone and/or housing for the purposes of advertising of products, announcements and notices of any kind.

========================================================

Adopted on March 15, 2004, by a vote of 5-0-0 at a duly noticed public meeting with a quorum present (a quorum being four commissioners).

/s/ Karen Lee Perry /s/ Cathy Wiss

Karen Lee Perry, Chair Cathy Wiss, Secretary